| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to cemeteries in certain municipalities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 711.008, Health and Safety Code, is |
|
|
amended by amending Subsection (a) and adding Subsection (g-1) to |
|
|
read as follows: |
|
|
(a) Except as provided by Subsections (b), (f), (g), (g-1), |
|
|
(h), and (k), an individual, corporation, partnership, firm, trust, |
|
|
or association may not establish or operate a cemetery, or use any |
|
|
land for the interment of remains, located: |
|
|
(1) in or within one mile of the boundaries of a |
|
|
municipality with a population of 5,000 to 25,000; |
|
|
(2) in or within two miles of the boundaries of a |
|
|
municipality with a population of 25,000 to 50,000; |
|
|
(3) in or within three miles of the boundaries of a |
|
|
municipality with a population of 50,000 to 100,000; |
|
|
(4) in or within four miles of the boundaries of a |
|
|
municipality with a population of 100,000 to 200,000; or |
|
|
(5) in or within five miles of the boundaries of a |
|
|
municipality with a population of at least 200,000. |
|
|
(g-1) Not later than September 1, 2020, a nonprofit |
|
|
organization may file a written application with the governing body |
|
|
of a municipality to establish or use a cemetery located inside the |
|
|
boundaries of the municipality. The municipality by ordinance |
|
|
shall prescribe the information to be included in the application. |
|
|
The governing body by ordinance may authorize the establishment or |
|
|
use of a cemetery located inside the boundaries of the municipality |
|
|
if the municipality determines and states in the ordinance that the |
|
|
establishment or use of the cemetery does not adversely affect |
|
|
public health, safety, and welfare. This subsection applies only |
|
|
to a municipality that is wholly or partly located in a county with |
|
|
a population of more than 3.3 million. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2017. |